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Difficult to be certain.dnf wrote:Dear All,
I have an appointment on Thursday, 2nd July 2015, in Croydon.
My case is as follows:
First came to UK - Feb 2004, which makes it 11 years and 4 months on the application date.
Personal absences - 300 in 11 years and 4months
Compassionate absences - 1100 in 11 years and 4 months
I will be asking for the Senior case worker to apply discretion to disregard 1100 compassionate absences.
Compassionate reasons are that my wife has a chronic illness which was dormant and she was with me in UK till 2010. The illness came back and it was advised by her doctors in Canada and in UK to be followed by her own specialists in Canada. I have doctors letters (with medical reports) confirming that the illness has effected her functionality and she requires constant attention from myself, which has triggered the 1100 absences.
Ties to UK are:
1. Business for over 7 years
2. Letters from charities about my involvement in the community (3 different charities)
3. Most of my estate is in UK
4. A UK practicing certificate holder that only allows me to practice in UK
5. Letters from clients with their UK passport copies.
6. Copies of articles that I wrote and were published in an online magazine
7. Invitation to become a guest speaker for an Entrepreneur business show.
Other documents:
1. UK Tenancy agreement showing I have a home in UK.
2. Letter from orange showing I have been in contract with them since 2004
3. Letter from the gym that I have existing membership.
4. Professional indemnity insurance on the company
5. Employers Liability insurance on the company.
What do you experts reckon? Anything else I should add?
.dnf wrote:"However, as per your absences, it is not considered that you had any family life in UK and, therefore a discretion can be used in your favor in this regard"
The whole point about "discretion" and "guidelines" is that they are exactly that. They are not cast-iron rules, but an approximation of what a caseworker would look for. Essentially, the caseworker needs to be convinced that you are settled in the UK , that the "center of your life" is based in the UK (I'm borrowing language from the EEA Regulations relating to the Surinder Singh route and it is by way of approximation). Were you able to do that, I think discretion would then be applied.dnf wrote:Plus, on the guidelines, it does not say how many absences could be disregarded so 541 or 1400 is irrelevant
As you mentioned, it could be a typo ("can" instead of "can't").dnf wrote:I understand that the case is weak, question is, why the letter say that 'Discretion can be applied in my Favor' and no discretion was applied?
Also, why was I given the right of appeal when my existing leave is not expiring till 17/12/15?